Ontario Highway Traffic Act

Request disclosure, review his notes; if it says that he saw you "holding your phone" then it's just a matter of whether the officer is present at trial.

There are no lessor or reduced charges available for S78 or S78.1 offences.

Pragmatically, it's in the OP's best interest to prepare for himself for a likely 30-day suspension; whether that ...

Was the hand-held device securely mounted to your vehicle? Or was it loosely set in your cup-holder?

Tesla Model S' screen is 17" and you can literally browse the web as well. The "exemption for pressing buttons" is why officers will not lay charges as long as the hand-held device is securely mounted.

@bend is correct; based on your diagram and what you described, the ON Fault Determination Rules places you 100% at-fault for the collision.

It's up to you whether you want to deal directly with the other driver or go through an insurance claim. Speaking to the police will result in charges laid against you; and they have a number of charges to ...

hand-held has become a difficult charge to fight; the prosecution only needs to show evidence that you had the device in your hand; they don't need to prove that it was working (ie. no battery) or that it was in use (ie. making a call, texting)

R. v. Pizzurro, 2013 ONCA 584 (CanLII)
R. v. Kazemi, 2013 ONCA 585 (CanLII) [14] Road safety is best ...

If the ticket does not state section number 128, then you must follow the London v. Young "forced fatal error" method. There are many many threads here that discuss this method, please use the search bar.

List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html

It appears you have already chosen the trial option. In order to ...

HTA and CAIA convictions will affect your insurance premiums; prosecutor and officer can/will lie through their teeth about the insurance effects of convictions.

Take a look at the IBC brochure: http://assets.ibc.ca/Documents/Brochures/Ontario-Auto-Insurance-FAQ-ON.pdf

For multi-charges like the one you're facing; I would recommend accepting ...

R. v. Paraschiew [2012] O.J. No. 4085

In a weird twist of fate, this appeal court decision shows that being charged with Stunt Driving would have been more advantageous to the defence than being charged with S128 Speeding. Solely because with Stunt Driving you're afforded a due diligence whereas S128 Speeding requires a necessity defence ...

I'm not sure why the York Region letter says 3 months. The accepted guidelines is that the crown has 6-8 weeks to process disclosure requests in the province of ON.

Lets say that your notice of trial was received <6 weeks from your trial date; there is nothing stopping you from requesting disclosure. If the crown argues they don't have enough time ...

@hwybear, oops i completely misread those numbers; i thought it was in reference to stopping distance, but rather it's the "reaction" distance.

With an average car length of ~5m. If you were to leave 83m of distance to the vehicle in front at freeway speeds; expect to be tailgated (irony) and giving an open invitation to allow multiple vehicles to slot into your 83m braking distance buffer.

I do agree paying lip-service to the vehicle in front, will not do anyone any favours. However ...

The dealer plate cover is not legal, it's also in contravention of the HTA.

http://www.cbc.ca/news/canada/toronto/o ... -1.3064957
http://www.newstalk1010.com/news/2015/0 ... 10-queries

Demerit Point System - ON REG 339/94: https://www.ontario.ca/laws/regulation/940339

Charges under S154 carry 3 demerit points, they stays on your record for two years from the charge date.

It may be in your best interest to fight this charge, because it's one of the more difficult charges to get a conviction under the HTA; the crown needs to be ...

Request disclosure (officer's notes) for both tickets. Depending on what's written in the notes, you may need to get serious representation and decide whether you want to entertain the officer's version of events.

Both charges afford you a "due dilligence" defence where you can argue the lights were working as you started your drive and got burnt ...

http://www.wheels.ca/news/advance-green ... rn-on-red/

@OP the wheels article describes the situation that respects "subject to subsection (14)".